Updated Statutory Guidance on Suspensions and Permanent Exclusions

The Department for Education (DfE) has published new guidance on school suspensions and permanent exclusions (Guidance), which comes into force on 26 July 2026. This new Guidance has been issued to sit alongside the Behaviour in Schools Guidance, which provides advice on implementing behaviour policies to create a culture of high expectations of behaviour. 

In this article, Jessie Melroy, solicitor in our sport, education and charities team, explains the updated guidance.

When should you be considering a suspension or exclusion?

Where approaches to behaviour management have been exhausted, suspension may be necessary, with permanent exclusion used only as a last resort. These measures should be used to ensure that other pupils and teaching staff can work in safety and are respected.

The Guidance says that schools should not be adopting a ‘no exclusion’ policy, and it recognises that exclusions can be necessary in order to prevent safeguarding issues and protect staff and pupils. The Guidance also states that schools should work to create an environment where exclusions are not necessary because ‘pupil behaviour does not require it’. 

The Guidance acknowledges that suspension is an essential behaviour management tool that can be used to signal what is unacceptable behaviour. If suspensions are happening regularly, it should be considered whether further strategies need to be put in place to address behaviour. During suspension, students should still receive their education. This means that work should be set and marked. 

How should you approach suspensions and permanent exclusions? 

Suspensions and permanent exclusions can be used as sanctions to create a safe and supportive environment for pupils and staff. A suspension can be for one or more fixed periods (up to a maximum of 45 days in an academic year) or a permanent exclusion. 

A pupil's behaviour outside of school can be considered as grounds for a decision to permanently exclude or suspend, but it must be ‘lawful, reasonable, fair and proportionate’. All decisions should be made on the balance of probabilities (meaning more likely than not). The views of the student should be taken into account, and it should be explained to the student how their views have been considered. 

There should be a clear process for exclusions, and you should keep a clear record of the decision and the reasons behind it.  

3 key takeaways from the new guidance: 

1.     Safeguarding 

A school can temporarily ban a student from coming to the premises due to a safeguarding allegation. This is not an exclusion on disciplinary grounds. This is a safeguarding measure, and it should only be used when separation is essential. 

2.     Managed moves 

Managed moves should be permanent from the outset. There should not be a ‘trial period’, and refusal by a parent or student to participate in a managed move should not be grounds for a permanent exclusion. 

3.     Off-site direction 

Academies must now follow the same procedure and requirements as maintained schools regarding off-site direction. Academies must consider the DfE guidance on alternative provision. 

For support with understanding the new Guidance, contact Jessie Melroy on [email protected] or 0191 2117986.